2025/2026
Advanced International Commercial Arbitration
Type:
Mago-Lego
Delivered by:
School of International Law
Where:
Faculty of Law
When:
1, 2 module
Open to:
students of all HSE University campuses
Language:
English
Contact hours:
32
Course Syllabus
Abstract
This course addresses central issues in the contemporary theory of international commercial arbitration and, true to its name, attempts to do it at an advanced level.
Unlike standard introductory courses on arbitration, which primarily focus on major legal instruments, such as the UNCITRAL Model Law, or discuss famous pronouncements of national courts on doctrinal controversies, like the proper law for arbitration agreement, we will explore the conceptual and normative foundations of international commercial arbitration. Our approach will be both critical and analytical: we will not only look into the current status quo, but also evaluate the justifications provided by courts and commentators, interrogate its underlying assumptions and consider possible alternatives.
The chief aim of this course is not only to deepen students’ understanding of contemporary framework of international commercial arbitration, but also to cultivate their ability to engage in rigorous conceptual critique and to situate international arbitration within broader legal, philosophical and socio-economic contexts.
Learning Objectives
- To deepen students’ understanding of the modern legal framework of international commercial arbitration by exploring the conceptual and normative foundations of international commercial arbitration.
- To introduce students to the key trends and doctrinal issues in the cotemporary theory of international commercial arbitration.
- To cultivate students’ ability to engage in rigorous conceptual critique and to situate international arbitration within broader legal, philosophical and socio-economic contexts.
Expected Learning Outcomes
- demonstrate deep understanding of essential characteristics of international commercial arbitration and relevant concepts and institutions
- easily navigate in regulatory framework, including international conventions, soft law and rules and procedures developed by arbitral institutions
- demonstrate good understanding of current trends peculiar to international commercial arbitration
- form critical views and allegations based on excellent understanding of theoretical context and good knowledge of case law, as well as to substantiate their position by relevant references
- work with large amounts of information (in particular, to make a research, evaluate, apply information, as may be necessary to work on scientific and professional assignments, as well as to apply systematic and comparative approaches)
- Demonstrate deep understanding of the modern legal framework of international commercial arbitration as well as its conceptual and normative foundations.
- Navigate in the contemporary scholarly discourse on various issues of international commercial arbitration, as well as in the emerging trends and institutional practices.
- Exhibit ability to engage in rigorous conceptual critique and to situate international arbitration within broader legal, philosophical and socio-economic contexts.
Course Contents
- Session 1. International Commercial Arbitration – Wrestling with the Familiar Concept
- Session 2. Arbitration Agreement, Arbitral Jurisdiction, and Their Reach
- Session 3. Choice of Law in the Arbitral Setting
- Session 4. Arbitrator as an Archetype: Questions Concerning Nomination and Challenges
- Session 5. Current Trends in International Commercial Arbitration: Judicialization?
- Session 6. Legal Ethics in International Commercial Arbitration
- Session 7. International Commercial Arbitration and “Public” Laws
- Session 8. Critical Legal Studies and International Commercial Arbitration
Assessment Elements
- Final ExamThe exam will be OPEN LAPTOP (NO INTERNET); you can consult your notes or any of the course materials but cannot use internet. The exam will include a number of multiple-choice questions as well as two essay questions. Students are required to sit for the final examination to obtain a final grade. Artificial Intelligence Usage Policy (Attention Required): using AI engines to write papers or during the final exam is strictly prohibited. All written assignments will be run through special AI detector software. If I find that any portion of your written assignment consists of an AI-generated text (not accompanied with a footnote indicating that the text is generated by AI), your grade for the relevant grading component will be annulled, and the case will be reported for disciplinary proceedings under university regulations. Plagiarism, including by way of presenting an AI-generated text as a product of your own intellectual effort, is a grave violation of academic integrity and the code of conduct, and is not tolerated under any circumstances.
- Seminar PaperEach of you will write a short (around 10-12 pages) paper on one of the topics of the course. In fact, you will need to choose 1 specific issue within the broader topic that you are most interested in. I will be available for one round of commentaries throughout the course, in which I will go over your first draft and make suggestions as to how to make your paper better (although I will not give you any interim or tentative grades). After that, you will have to submit your final paper closer to the date of the exam (to be communicated later). Artificial Intelligence Usage Policy (Attention Required): using AI engines to write papers or during the final exam is strictly prohibited. All written assignments will be run through special AI detector software. If I find that any portion of your written assignment consists of an AI-generated text (not accompanied with a footnote indicating that the text is generated by AI), your grade for the relevant grading component will be annulled, and the case will be reported for disciplinary proceedings under university regulations. Plagiarism, including by way of presenting an AI-generated text as a product of your own intellectual effort, is a grave violation of academic integrity and the code of conduct, and is not tolerated under any circumstances.
- ParticipationSince the course includes both lectures and seminars, we will try to combine the best and most useful aspects of both formats, while avoiding the less relevant. For example, unlike what lectures usually look like, our meetings will be highly interactive: everybody is welcome and encouraged to participate, and meaningful contributions to our discussions will be a part of your grade. The grade will be based on your participation in class discussions. I will pay special attention to whether your answers are backed with sources, first and foremost the required readings. What is expected from you and will be accounted for in the course of grading is whether you are able to build up a reasonable case for your proposition, backed with sources. If anyone is willing to make a presentation on one of the topics of the syllabus for the session, we can discuss it. Every week (usually around Tuesday), I will circulate the agenda for the upcoming class as well as the required readings. It is crucial that you complete all assigned materials, so our discussion remains thoughtful and well structured. Doing the reading will make your participation genuinely valuable – not only as the 15% participation component of your grade, but also as a means to deepen your understanding of the topics we discuss. This, in turn, normally, will positively affect the quality of your course paper and make the preparation for the final exam smoother.
- AttendanceAttendance is mandatory and will be recorded.
Interim Assessment
- 2025/2026 2nd module0.15 * Attendance + 0.3 * Final Exam + 0.25 * Participation + 0.3 * Seminar Paper
